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DECISION No. 49/2003/QD-BVHTT OF AUGUST 22, 2003 AMENDING AND SUPPLEMENTING DECISION No. 18/2002/QD-BVHTT OF JULY 29, 2002 PROMULGATING THE REGULATION ON LICENSING, INSPECTION, EXAMINATION OF, AND HANDLING OF VIOLATIONS IN, THE RECEPTION OF FOREIGN TELEVISION PROGRAMS

THE MINISTER OF CULTURE AND INFORMATION

Pursuant to the Government's Decree No. 63/2003/ND-CP of June 11, 2003 defining the functions, tasks, powers and organizational structure of the Ministry of Culture and Information;

Pursuant to the December 28, 1989 Press Law and the June 12, 1999 Law Amending and Supplementing a Number of Articles of the Press Law;

Pursuant to the Government's Decree No. 51/2002/ND-CP of April 26, 2002 detailing the implementation of the Press Law and the Law Amending and Supplementing a Number of Articles of the Press

Law;

Pursuant to the Prime Minister's Decision No. 150/2003/QD-TTg of July 22, 2003 amending and supplementing Decision No. 46/2001/QD-TTg on the management of the goods export and import in the 2001-2005 period and Decision No. 79/2002/QD-TTg on the management of the reception of foreign television programs;

At the proposal of the director of the Press Department of the Ministry of Culture and Information,

DECIDES:

Article 1.- To amend and supplement Article 13, Section E, Chapter I and Articles 14 and 15, Chapter II of the Regulation on licensing, inspection, examination of, and handling of violations in, the reception of foreign television programs, promulgated together with Decision No. 18/QD-BVHTT of July 29, 2003 as follows:

"Section E: Importing and trading in TV Receive Only (TVRO) equipment

Article 13.- The agencies which import and/or trade in TV Receive Only (TVRO) equipment must apply for permission and obtain written approval from the Ministry of Culture and Information for each goods lot to be imported and/or traded in.

The agencies and organizations which import and/or trade in TVRO equipment shall have to submit dossiers of application for permits to import and/or trade in TVRO equipment to the Press Department, the Ministry of Culture and Information.

A dossier consists of:

- An application for a permit to import and/or trade in TVRO equipment, clearly stating the importing and/or trading purpose, the names, technical properties and origins of the equipment, quantities, categories and models thereof.

- Price quotations and catalogs of the equipment and enclosed technical documents;

- A copy of the registration certificate granted by the Ministry of Culture and Information allowing the applying agency or organization to deal in the installation and repair of TVRO equipment.

Article 14.- Inspection and examination

The specialized culture and information inspectorate shall perform the function of specialized inspection according to law provisions.

The Press Department of the Ministry of Culture and Information shall assume the prime responsibility for, and coordinate with the concerned agencies in, conducting annual or unexpected examinations of the licensing and use of the permits for reception of foreign television programs directly from satellites; the import of and trading in TVRO equipment; the provision and distribution of foreign television program decoders; the installation and repair of TVRO equipment.

Article 15.- Reporting regime

1. The Culture and Information Services of the provinces and centrally run cities shall have the responsibilities:

- To send copies of the permits for reception of foreign television programs directly from satellites, already granted to organizations and individuals in their respective localities, to the Press Department, the Ministry of Culture and Information.

- To send biannual and annual reports on the granting and use of the permits for reception of foreign television programs directly from satellites in their respective localities to the Press Department, the Ministry of Culture and Information.

2. Vietnam-based distributors of foreign television program decoders shall have to send annual reports on the quantities of decoders already distributed and the subjects provided therewith to the Press Department of the Ministry of Culture and Information.

3. Agencies and organizations dealing in the installation and repair of TVRO equipment shall have to send annual reports on the quantities of TVRO equipment they have installed and/or repaired and the lists and addresses of the subjects that have such equipment installed or repaired to the Press Department of the Ministry of Culture and Information.

4. Agencies and organizations which import and/or trade in TVRO equipment shall have to send annual reports on the import and/or trading of TVRO equipment which have been permitted by the Ministry of Culture and Information for being imported and/or traded in."

Article 2.- The director of the Press Department, the chief inspector of the Ministry of Culture and Information, the directors of the provincial/municipal Information and Culture Services and all organizations and individuals shall have to implement this Decision.

Article 3.- This Decision takes effect 15 days after its publication in the Official Gazette.

For the Minister of Culture and Information

Vice Minister
TRAN CHIEN THANG